Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI | No ‘opt-out’ option for WhatsApp users in the 2021 Update. Why? Data Sharing with Facebook, Unilateral terms and more. Read CCI’s take on WhatsApp’s conduct in the garb of the policy update

Competition Commission of India (CCI): The coram comprising of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) while

Case Briefs Supreme Court

‘Reinstatement by NCLAT “too big a pill” for perhaps even Cyrus Mistry to swallow’; Here’s why Supreme Court upheld Cyrus Mistry’s removal as Chairman by the Tata Sons

“NCLAT appears to have granted the relief of reinstatement gratis without any foundation in pleadings, without any prayer and without any basis in law, thereby forcing upon the appellant an Executive Chairman, who now is unable to support his own reinstatement. “

Case Briefs High Courts

Ker HC | In divorce petition under S. 13(1)(iii) of HMA, can Court order a party to appear before medical board for assessment of mental condition? Court discusses

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that to get a decree of divorce

Case Briefs Supreme Court

“Free speech of the citizens of this country cannot be stifled by implicating them in criminal cases”; Supreme Court quashes FIR against Shillong Times Editor Patricia Mukhim

“Disapprobation of governmental inaction cannot be branded as an attempt to promote hatred between different communities.”

Case Briefs High Courts

[Eminent Domain] HP HC | Can a writ in the instant nature be allowed to direct Temple authorities to spend the amount collected through donations for construction of parking sites

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Chander Bhusan Barowalia, JJ. dismissed the petition being non-maintainable. The

Case Briefs High Courts

Kar HC | Immovable property which is compulsorily registrable under S. 49 of Indian Registration Act, 1908 may be taken as evidence for the purpose of collateral transaction

Karnataka High Court: Hemant Chandangoudar, J. allowed the petition and quashed the impugned order. The facts of the case are such that

Case Briefs High Courts

Madras HC | Wear masks; maintain social distancing norms at all political gatherings: HC to candidates and political parties in election-bound State of Tamil Nadu

Madras High Court: A Division Bench of Sanjib Banerjee, CJ. and Senthilkumar Ramamoorthy, J., requested all political parties and candidates, who hold

Case Briefs High Courts

Pat HC | To attract penalty for being a member of an unlawful association, the association must be one declared unlawful by a notification under UAP Act, 1967; HC declares seizure exercise illegal and arbitrary

Patna High Court: Birendra Kumar, J., heard the instant revision application challenging the validity of ex-post facto approval of search and seizure

Case Briefs Supreme Court

‘Not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces’; Army’s evaluation of Women SSC Officers for grant of permanent commission arbitrary: SC

“The structures of our society have been created by males and for males. As a result, certain structures that may seem to be the “norm” and may appear to be harmless, are a reflection of the insidious patriarchal system.”

Case Briefs Supreme Court

Can departmental proceedings be initiated for charges including vigilance angle without approval of CVC? SC examines validity of departmental actions

“Anyone can make mistakes. The consequences of mistakes should not be unduly harsh”

Case Briefs High Courts

Del HC | It is for the wife to establish alleged source of husband’s income; Husband would have paid maintenance rather than going jail: HC reduces interim maintenance to wife and son

Delhi High Court: Subramonium Prasad, J., partly allowed a revision petition filed by the husband and reduced the amount of interim maintenance

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT has the discretion to modify arrangements, but only when cogent; Otherwise deemed unwarranted

National Company Law Appellate Tribunal (NCLAT): A Coram of Justice Jarat Kumar Jain (Judicial Member) and Kanthi Narahari (Technical Member) accepted an

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Failure to issue speaking order regarding condonation of 6 months deficiency for pensionary benefits; Tribunal imposes a cost of Rs 50,000 for non-compliance of its order

Armed Forces Tribunal (AFT): The Division Bench of Justice Devi Prasad Singh (Chairperson) and Air Marshal BBP Sinha, Member (A) heard the

Case Briefs Supreme Court

Adjudicating authority under IBC may disapprove the resolution plan approved by the Committee of Creditors but cannot modify it: Supreme Court

Supreme Court: In an important ruling relating to the corporate insolvency resolution process concerning the corporate debtor, Jaypee Infratech Limited, the 3-judge

Case Briefs High Courts

HP HC | Lamentable state of affairs; Education Department is one of the biggest litigants before this Court and majority of writ petitions relate to transfer and adjustment of the teachers

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Bhusan Barowalia JJ. dismissed the petition refusing to interfere with

Case Briefs High Courts

Chh HC | When terms of a contract have been reduced to the form of a document, no evidence shall be given or permitted to be adduced in proof of terms of such contract under Ss. 91 & 92 of Indian Evidence Act, 1872

Chhattisgarh High Court: Sanjay S. Agrawal, J. allowed the appeal and directed the plaintiff to be entitled to a decree for specific

Case Briefs High Courts

Utt HC | Before proceeding in the matter, Court has to form an opinion that an enquiry is needed; Court dismisses application moved under S. 340 CrPC

Uttaranchal High Court: Manoj Kumar Tiwari, J., dismissed a petition which was filed before this Court seeking to issue a writ, order

Case Briefs Supreme Court

Curtailing vexatious litigation is a crucial step towards a more effective justice system; Supreme Court examines role of lower judiciary in preventing abuse of process

The Magistrates are the first lines of defence for both the integrity of the criminal justice system, and the harassed and distraught litigant.

Case Briefs High Courts

P&H HC | Experience gained by erstwhile partnership firm could not be construed as experience of partners in an individual capacity; HC dismisses the petition

Punjab and Haryana High Court: The Division Bench comprising of Ravi Shanker Jha, CJ., and Arun Palli, J., heard the instant petition

Case Briefs Supreme Court

Loan Moratorium Case| Supreme Court says no to total waiver of interest and extension of moratorium period but directs full waiver of compound interest

There was no justification shown by the Government to restrict the relief of not charging interest on interest with respect to the loans up to Rs. 2 crores only and that too restricted to only 8 categories.